LIT COMMENTARY
LIT did not know federal courts were allowed to issue opinions by mail only and not release them onto the docket – minute order or otherwise.
We have waited for a couple of months to see if one would eventually be released, but on checking the docket on 30 January, 2022, the last entry is docket no. 662 dated Dec. 29, 2021.
This is corruption at its worst, with judicial immunity driving the same.
Judge Elaine Bucklo knew LIT was closely monitoring this case and has perverted the course of justice by refusing to release her opinion publicly.
JAN 31, 2022
DOCKET CONFIRMATION
OCTOBER 22, 2021
See docket entry #656,
MINUTE entry before the Honorable Elaine E. Bucklo:
Ruling on motion 558, 562, 566, 571, and 589 is reset for 12/8/2021 (to track case only, no appearance required).
The Court will rule by mail.
Mailed notice. (mgh, ) (Entered: 10/22/2021)
DECEMBER 29, 2021
The order was issued if you read docket entry #661 which is transcribed below by LIT.
Garland is claimin’ the DOJ is going to go after Wall St Banks and their entourage of highly paid BigLaw lawyers with the ‘Redlining’ announcement
Our Comments in RED in the video below suggest the earliest landmark case to decide so will be County of Cook v Bank of America pic.twitter.com/ulbjU2Ogv6
— LawsInTexas (@lawsintexasusa) October 23, 2021
PLAINTIFF’S RESPONSE TO DEFENDANTS’ NOTICE OF SUPPLEMENTAL AUTHORITY
Plaintiff County of Cook (“County” or “Plaintiff”), by and through counsel, responds to Defendants’ Motion For Leave To File Supplemental Authority, ECF No. 654, as follows.
Defendants’ Notice is irrelevant to the pending matter.
This Court has ruled that Cook County is precluded from pursuing its property tax related damages, notwithstanding that Cook County’s alleged property tax damages are the direct result of Defendants’ discriminatory foreclosure practices
– causation that is vastly different from the City of Oakland’s tax damage claims based solely on Defendants’ discriminatory lending practices.
Moreover, it should be noted that, while the Maryland District Court granted Wells Fargo’s renewed request for interlocutory appeal, the District Court specifically “affirmed its own proximate cause analysis as set forth in its Third Memorandum Opinion.” Order at 9.
In that decision the Maryland District Court found that the plaintiff counties adequately pled proximate cause at the motion to dismiss stage as to their property tax related damages and increased municipal expenditures caused by Defendants’ alleged discriminatory foreclosures.
See Prince George’s County, Md. v. Wells Fargo & Co., 520 F. Supp. 3d 747, 756-57 (D. Md. 2021).
Accordingly, the District Court specifically limited the question certified on appeal solely to whether:
At the motion to dismiss stage, do the Counties’ claims for economic injuries to their tax bases and for increased municipal services-which are based on regression analysis-satisfy the FHA’s proximate cause requirement?
Order at 9 (emphasis added).
Dated: December 29, 2021
Respectfully Submitted,
KIMBERLY M. FOXX,
STATE’S ATTORNEY FOR COOK COUNTY
/s/ Kenneth A. Wexler
Kenneth A. Wexler
WEXLER BOLEY & ELGERSMA LLP
55 West Monroe, Suite 3300
Chicago, Illinois 60603
Telephone: (312) 346-2222
James M. Evangelista (pro hac vice) jim@ewlawllc.com
David J. Worley (pro hac vice) david@ewlawllc.com
Kristi Stahnke McGregor (pro hac vice) kristi@ewlawllc.com
Leslie G. Toran (pro hac vice) leslie@ewlawllc.com
EVANGELISTA WORLEY, LLC
500 Sugar Mill Road Suite 245A
Atlanta, Georgia 30350
Telephone: (404) 205-8400
Sanford P. Dumain (pro hac vice) sdumain@milgerg.com
Jennifer S. Czeisler (pro hac vice) jczeisler@milberg.com
Roy Shimon (pro hac vice) rshimon@milberg.com
MILBERG PHILLIPS GROSSMAN LLP
100 Garden City Plaza, Suite 500 Garden City, NY 11530 Telephone: (212) 594-5300
Special Assistant State’s Attorneys
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